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Q: Reporting a lawyer in my lawyers' firm ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Reporting a lawyer in my lawyers' firm
Category: Miscellaneous
Asked by: nettie126-ga
List Price: $2.00
Posted: 09 Aug 2002 05:51 PDT
Expires: 08 Sep 2002 05:51 PDT
Question ID: 52529
One of the lawyers in my lawyers' firm was rude, belligerant and hung
up on me, acting unprofessional and unethically.  How do I go about
reporting him?  (in Massachusetts)  Thank you
Answer  
Subject: Re: Reporting a lawyer in my lawyers' firm
Answered By: purplecat-ga on 09 Aug 2002 06:50 PDT
Rated:5 out of 5 stars
 
Depending on the degree of formality of the complaint you wish to
make, you could try making a written complaint to the head of the law
firm in question. However, if you wish to make a formal complaint, you
should initially contact the Attorney and Consumer Assistance Program
(ACAP) of the Office of the Bar Counsel. They can be contacted by
telephone on (617) 728-8750 or by fax on (617) 357-1866. You may also
write a letter to the Office of the Bar Council. Their mailing address
is 75 Federal St Fl 5, Boston, MA 02110. There is no facility for the
submission of email complaints, due to confidentiality requirements.
For further information, see the Massachusetts State Government
website.

http://www.mass.gov/portal/index.jsp

But especially see: 

http://www.state.ma.us/obcbbo/complaint.htm#fyi

All attorneys in Massachusetts have to abide by the Rules of
Professional Conduct as set out by the Massachusetts Supreme Court.
However, to proceed with a complaint, you must be able to show that
the attorney in question behaved in a manner contrary or prejudicial
to the operation of the law. The Preamble to the Rules of Professional
Conduct state that 'The Rules of Professional Conduct are rules of
reason. They should be interpreted with reference to the purposes of
legal representation and of the law itself'. Having said that, all
lawyers must also ' strive ... to exemplify the legal profession's
ideals of public service'. For the full text of the Preamble, see:

http://www.state.ma.us/obcbbo/rpcscope.htm

and for the whole text of the Rules, check out 

http://www.state.ma.us/obcbbo/rpcnet.htm.

It seems possible that this is a matter that may not break the Rules
of Professional Conduct as set out by the Supreme Court, but
contacting the Office of the Bar Council is the best way to verify
this. However, even if it is a matter the Office of the Bar Council
cannot deal with, complaining to the head of the law firm may well
result in a satisfactory resolution of the complaint. One difficulty
in this instance, if it is a matter they can deal with, is that Office
of the Bar Council require as much documentary evidence as possible to
support a complaint. In this instance, it involves a telephone
conversation which presumably was not recorded. Therefore, the heavy
burden of proving the complaint rests with the complainant.

I hope this information is of assistance in resolving the matter. Good
luck.

Purplecat.
nettie126-ga rated this answer:5 out of 5 stars
The answer offered me further resources to look up (websites).  Also,
purplecat described the reality of the situation, in that the call was
not recorded, it's my word against his.  What is troubling, my other
two attorneys, one of whom realized firsthand what was happening, have
not in any way apologized for his behavior.  This is most
disheartening to me, I was so upset that I cried most of the weekend. 
The attorney in question worked on my social security disability claim
and was well aware of my diagnoses, which include severe depression. 
It is uncomprehensible to me that he, of all people, would bully me by
his manner and hanging up on me.  I want so badly to get another
attorney although my divorce is finally almost happening-the firm is
inept.  Thanks for you help, I'll research it all.  I wouldn't want
any of them disbarred, but I would like the bully lawyer spoken to and
have it on his record, to hopefully make him think twice before
bullying another vulnerable person.  Thanks again, Nettie126

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